Montana Code 15-7-103. Classification and appraisal — general and uniform methods
15-7-103. Classification and appraisal — general and uniform methods. (1) The department shall implement the provisions of 15-7-101, 15-7-102, and this section by providing:
Terms Used In Montana Code 15-7-103
- Appraisal: A determination of property value.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)for a general and uniform method of classifying lands in the state for the purpose of securing an equitable and uniform basis of assessment of lands for taxation purposes;
(b)for a general and uniform method of appraising city and town lots;
(c)for a general and uniform method of appraising rural and urban improvements;
(d)for a general and uniform method of appraising timberlands.
(2)All lands must be classified according to their use or uses.
(3)Land classified as agricultural land or forest land must be subclassified according to soil type and productive capacity. In the classification work, use must be made of soil surveys and maps and all other site-specific and pertinent available information, including any information provided by the taxpayer such as:
(a)information detailing actual climate conditions;
(b)information from the United States department of agriculture, including but not limited to:
(i)natural resources conservation service rangeland inventory materials;
(ii)farm service agency materials; and
(iii)Montana agriculture statistics information; and
(c)any other documents or publicly available information that will assist in reaching a value that accurately approximates the productive capacity that the average Montana farmer or rancher could achieve.
(4)All lands must be classified by parcels or subdivisions not exceeding 1 section each, by the sections, fractional sections, or lots of all tracts of land that have been sectionized by the United States government, or by metes and bounds, whichever yields a true description of the land.
(5)All agricultural lands must be classified and appraised as agricultural lands without regard to the best and highest value use of adjacent or neighboring lands.
(6)In the reappraisal of taxable property, all property classified in 15-6-134 must be valued as provided in 15-7-111 on its market value. The department shall publish a rule specifying the valuation date used in the appraisal.
(7)All sewage disposal systems and domestic use water supply systems of all dwellings may not be appraised, assessed, and taxed separately from the land or from the house or other improvements in which they are located.